The court may
grant immediate temporary custody "ex parte", without a hearing.

In situations where the court grants
immediate temporary custody, a hearing must be granted to the parents or legal guardians
within five business days of the date of the order of immediate temporary custody.

Postponing the
Five-Day Hearing

The five day hearing may be
postponed

· upon the request of the respondent

· if the court has been unable to effect notice as
required by statute.

DCF may not request a continuance of the five day hearing.

Grounds - Child in
Custody of Person Other than Parent or Guardian

If the child
is in the physical custody of someone other than the parent or guardian, the court is
required to find

· the child was not taken or kept from
the parent, parents or guardian

and

· there is a substantial likelihood that
the child will be removed from the jurisdiction prior to a hearing under Conn. Gen. Stat.
§ 45a-607(c)

or

· to return the child to the parent,
parents or guardian would place the child in circumstances which would result in serious
physical illness or injury, or the threat thereof, or imminent physical danger, prior to
the hearing.

Grounds - Child in
Custody of Parent or Guardian

If the child
is in the physical custody of the parent or other guardian, the court is required to find

· the child must be hospitalized as a
result of serious physical illness or serious physical injury, is in need of immediate
medical or surgical treatment

and

· the parent, parents or guardians
refuse(s) (or is unable) to consent to such treatment

and

· to delay treatment would be
life-threatening.

Note: This is the only
time when the probate court may grant immediate temporary custody when the child is in the
physical custody of the parent and the parent is unwilling to give physical custody to the
petitioner. In all other cases requiring immediate action, DCF may take emergency action
pursuant to Conn. Gen. Stat. §17a-101g.

Department
Involvement

"Upon
issuance of an ex parte order of temporary custody, the court shall promptly notify the
Commissioner of Children and Families who shall cause an investigation to be made
forthwith, in accordance with Conn. Gen. Stat.
§ 17-101g, and who shall present his report at the hearing on the application for
temporary custody."
Conn. Gen. Stat. §45a-607(b)(3)

The granting of "ex parte",
immediate temporary custody requires a hearing which must be held within five (5) business
days of the granting of immediate temporary custody. DCF must provide a report at this
hearing.

Note: If the
Commissioner is granted Immediate Temporary Custody, the department shall immediately
request that the case be transferred to Superior Court for Juvenile Matters. Assistance
from the Regional Assistant Attorney General shall be requested as necessary.

The courts recognize that the type of
information which can be developed in this short period of time is limited. At the same
time, there is a strong need for reliable information on which the judge can act in these
important and sensitive matters.

DCF Investigation
and Report

The
preliminary, five-day investigation by the probate worker shall focus on the facts which
have been alleged in the custodians affidavit and attempt to provide substantiation
or negation of those facts. Local and state police and CPS checks of the
proposed/petitioning custodian shall be conducted immediately.

The investigation and report shall also
address whether

· the child was not taken or kept from
the parent, parents or guardian

and

· there is a substantial likelihood that
the child will be removed from the jurisdiction prior to a hearing under Conn. Gen. Stat.
§ 45a-607(c)

or

· to return the child to the parent,
parents or guardian would place the child in circumstances which would result in serious
physical illness or injury, or the threat thereof, or imminent physical danger, prior to
the hearing.

The investigation and report for immediate
temporary custody may be in writing or, if that is not possible, presented verbally at the
hearing at the discretion of the judge.

The report (oral or written) shall be
documented in LINK narrative.

The courts have been asked to notify the
DCF regional offices by telephone or fax when an immediate temporary custody application
is received in order to allow the department the maximum amount of time in which to
conduct the investigation.

Since additional important information may
be presented at the court hearing, it is important for the assigned case worker to be
present if at all possible. If that case worker is unavailable, another representative of
the Department familiar with the case should be present.

Follow-Up Report -
Second Hearing

In most
cases, the court will request a written report from the department in order to continue
temporary custody pending the report on removal of guardian or termination of parental
rights. In all cases, a written report on the DCF investigation is expected to be
submitted prior to the hearing on temporary custody, removal or termination. The DCF case
shall remain open until final disposition of the application for removal or termination.

Note: The court is unable
to set or hold the hearing until the investigative report is received from DCF.

The court will automatically set a date
and time for the hearing on removal or termination, and send notice to all parties. If
there is good reason why the DCF worker cannot complete and submit his/her report to the
court in time for the scheduled hearing, the DCF supervisor shall notify the clerk of the
court. The statute mandates that termination reports be completed within ninety (90) days
from the date for receipt of the request by the department. Conn. Gen. Stat. §45a-717.

DCF Assessment

In preparing
the report, the DCF worker shall conduct a thorough assessment of the situation and
provide as much information, including a recommendation based on the childs best
interest, to the probate court.

The DCF worker shall

· conduct

- home visits (to be completed within
seven days of case assignment) with the

obtaining releases of information for
collateral checks within thirty (30) days of case assignment

conducting collateral checks, i.e.,
school, doctors, therapists, etc. for everyone residing in the home (Initial letters and
phone calls to be completed within forty-five days of case assignment, with follow-up
contacts as needed, every other week)

- criminal records and protective service
checks on all parties, age eighteen (18) and older, involved in the case (within fifteen
days of case assignment)

Note: Existence of
a criminal or CPS record does not preclude recommendation as a custodian.

· complete the Assessment of Child and
Family for Removal of Guardian and Temporary Custody, DCF-2169 (within thirty days of case
assignment)

· provide the probate court, if possible,
with a recommendation regarding the placement of the child with the proposed
guardian/petitioner.

Protective Service
Issues

If current
protective service issues are identified concerning the proposed guardian during the
course of the probate study, the DCF worker shall

· make a referral to the Child Abuse and Neglect Hotline
regarding the protective service issue for investigation

· inform the probate court that the probate study has
been suspended pending the outcome of the protective services investigation.

Connecticut Department of Children and Families Effective Date: July 1,
1999 (New)